[2014] KEHC 325 (KLR)
The court found that the prosecution did not object to the accused's release on bond and failed to provide any compelling reasons to deny bail. The pre-bail probation report was favourable to the accused. Therefore, in accordance with Article 49(1)(h) of the Constitution, and in the absence of any compelling...
Source-derived case information.
- Citation
- [2014] KEHC 325 (KLR)
- Parties
- Applicant: Phillip Kiptanui Ngetich; Respondent: State
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Murder Case 92 of 2014
- Procedural Posture
- Criminal Murder Case / Ruling on Bail Application Pending Trial
- Outcome
- application for bail allowed
- Legal Topics
- Bail Pending Trial, Compelling Reasons, Murder Charge, Pre Bail Report
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Phillip Kiptanui Ngetich
Applicant
State
Respondent
Procedural Posture
Criminal Murder Case / Ruling on Bail Application Pending Trial
Legal Issues
- 1 Whether the accused is entitled to bail pending trial for a murder charge.
- 2 Whether there are compelling reasons to deny the accused bail.
Ratio Decidendi
The court found that the prosecution did not object to the accused's release on bond and failed to provide any compelling reasons to deny bail. The pre-bail probation report was favourable to the accused. Therefore, in accordance with Article 49(1)(h) of the Constitution, and in the absence of any compelling reasons, the accused was entitled to be released on bond pending trial. The purpose of bail is to secure the accused's attendance at trial, and there was no evidence presented to suggest that the accused would abscond or interfere with witnesses. The court thus exercised its discretion in favour of granting bail, subject to reasonable conditions.
Court Disposition
application for bail allowed
Orders
- The accused is to be released on his own personal bond of KES 500,000 with two sureties of similar amounts to be approved by the Deputy Registrar.
- Upon release, the accused shall attend court for the mention of his case once a month until the case is heard and determined.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISII
CRIMINAL (MURDER) CASE NO. 92 OF 2014
STATE................................................PROSECUTOR
VERSUS
PHILLIP KITANUI NGETICH.......................ACCUSED
RULING
1. The accused herein, Phillip Kiptanui Ngetich, is charged with murder contrary to Section 203 as read with section 204 of the Penal Code. It is alleged that he murdered Mercy Chepkurui on the 26th day of August, 2014 at Pinpiniet sublocation, Orongai Location in Transmara West sub-county within Narok county in the Republic of Kenya. He denied the charge. He now wants this honourable court to release him on bond pending the hearing and determination for his case.
2. This application is brought under article 49(1)(h). Under that article an accused has a right to be released on bond or bail, on reasonable conditions pending a trial unless there are compelling reasons not to be released. The state has a duty to show the court that there are compelling reasons why the accused in this case cannot be released on bond.
3. In this case the state raised no objection to bond application. The purpose of granting bail is to secure the attendance of the accused in court from the safety of his own home environment.
4. In the circumstances, I find that since the prosecution has no objection to the accused be released on bond and the pre-bail probation report is favourable, thus there are no compelling reasons why the accused’s application should not be granted.
5. Accordingly, I allow the application and order that the accused is to be released on his own personal bond of kshs. 500,000/- with two sureties of similar amounts to be approved by the Deputy Registrar of this court.
6. Upon his release, the accused shall attend court for the mention of his case once a month until the case is heard and determined. The first such mention shall be on the 1st of December, 2014.
7. It is so ordered.
Ruling dated and delivered at Kisii this5th day of November, 2014.
C.B. NAGILLAH,
JUDGE.
In the presence of:-
Bigogo for the applicant
Otieno for the state.
Edwin Court Clerk.